No. 275, Docket 27895.

315 F.2d 437 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Norman RAMIS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 3, 1963.

Attorney(s) appearing for the Case

Arnold N. Enker, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for Southern District of New York, Robert J. Geniesse, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Otto F. Fusco, New York City, for defendant-appellant.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Defendant Ramis appeals from his conviction after a trial by a jury for selling and conspiring to sell heroin in violation of 21 U.S.C. §§ 173, 174. Appellant's primary claim is that the government failed to prove constructive possession.

Ramis' story was that he was approached by a special employee Berlotti who asked him to get some narcotics for a friend Frank (Agent Dolce) and who told him that Ramis' friend, John...

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